Safe Workplace and Safety News

A regular news feature summarizing workplace safety related news.

We scan newspapers, magazines and the internet for safety news that isn't being reported elsewhere. The following are links to safety-related news and articles that came out during the past week. If you have any safety news tips, send them to: duralabelpro@gmail.com.

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Sea World Fined As Repeat Offender For Not Complying With OSHA

Click Orlando is reporting that OSHA has fined Sea World for not complying with their previous order concerning handlers working with killer whales.

The article states: "The fine, which was issued Friday, comes amid a three-year fight between OSHA and SeaWorld after trainer Dawn Brancheau was drowned in Orlando by a killer whale in 2010."

"In April, attorneys representing OSHA said in court that SeaWorld's attempts to keep killer whale trainers safe is still not adequate. SeaWorld insisted, however, that the company was in compliance with OSHA's mandate that trainers remain behind barriers or stay a safe distance away from killer whales during the park's famous Shamu show."

Earlier blog postings about Sea World and OSHA were made on:

December 24, 2012
June 01, 2012

Read the Click Orlando Article here.

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Workplaces May Lose VPP Status

OSHA has issued a directive concerning VPP sites where a fatality occurs.  The directive lays out the steps for terminating the site's participation in VPP. It states that:

"Termination: When a fatality is deemed work-related, or when a site is placed in the Severe Violator Enforcement Program, or when a willful violation(s) is issued to the VPP/MWF participant regardless of the genesis of the enforcement inspection, the Region will issue a "Notice of Intent to Terminate" within 10 days of the completion of the enforcement inspection."

An article in BNA Blooberg describes the steps OSHA will follow. 

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Related past posts:
Health Hazards of Green Buildings
Safety News Briefs - Union Reports OSHA's Resources Lacking

Safety News Briefs - OSHA's Severe Violator Enforecement 

Labels: SVEP, VPP, workplace fatalities

The following was published in the Federal Register On Thursday, June 13, 2013:

Updating OSHA Standards Based on National Consensus Standards; Signage

Notice of proposed rulemaking; request for comments.

OSHA is proposing to update its general industry and construction signage standards by adding references to the latest versions of the American National Standards Institute ("ANSI") standards covering the specifications for accident prevention signs and tags. These are the ANSI Z535.1-2006(R2011), Z535.2-2011, and Z535.5-2011 standards.

OSHA also is proposing to retain the existing references to the earlier ANSI standards (ANSI Z53.1-1967, Z35.1-1968, and Z35.2-1968) in its signage standards. This will give employers the option of complying with either the updated or earlier standards.

 In addition, OSHA is proposing to incorporate by reference Part VI of the Manual of Uniform Traffic Control Devices ("MUTCD"), 1988 Edition, Revision 3, into the incorporation-by-reference section of the construction standards, having inadvertently omitted this edition of the MUTCD from this section during an earlier rulemaking, and amend citations in two provisions of the construction standards to show the correct incorporation-by-reference section. In addition, OSHA is publishing a direct final rule in today's Federal Register adding the same references.

A regular news feature summarizing workplace safety related news.

We scan newspapers, magazines and the internet for safety news that isn't being reported elsewhere. The following are links to safety-related news and articles that came out during the past week. If you have any safety news tips, send them to: duralabelpro@gmail.com.

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Random Workplace Alcohol Tests Rejected by Top Canadian Court

The Supreme Court of Canada has ruled that random alcohol tests of unionized workers, even for workers in safety sensitive positions, is unreasonable. The Updated News reports that:

"The decision says dangerousness of a workplace only justifies testing particular employees in certain circumstances:

• Where there are reasonable grounds to believe an employee was impaired while on duty.
• Where an employee was directly involved in a workplace accident or significant incident.
• Where the employee returns to work after treatment for substance abuse."

Read the story in Updated News.

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Nova Scotia to Change Workplace Regulations To Crack Down on Violators

TC Media reports that Nova Scotia is changing construction work regulations in an attempt to reduce the number of falls and road work accidents. The article reports:

"As of Wednesday, the province will require companies to show proof of fall-protection training if they’re operating on a work site with a risk of falling from a height of more than three metres.
Corbett says employers doing work on roads, public parking lots and highways must also have a hazard assessment and written safe-work procedure."

Read the story here.

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British Woodworking Federation Urges Members To Take Safety Precautions

Following a series of surprise inspections by Health and Safety Executive (HSE) inspectors, companies are being urged to ensure they are following all require safety and health precautions.

An article in Builders Merchants Journal notes that:  "As part of its inspections of the joinery sector, the HSE will be looking at appropriate guarding on machinery, what personal protective equipment is available, whether Local Exhaust Ventilation is being regularly tested, and whether full risk assessments are being completed. Failure to meet these requirements could result in hefty fines"

Read the story here.

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China To Increase Punishment For Workplace Safety Violations

N News reports that the Supreme People's Court in China is calling on courts at all levels to deal strongly with crimes related to workplace safety.  The article states:

Severe penalties will also be given to those who allow work safety violations, as well as violators who do not effectively implement damage control measures after accidents occur or initiate rescue efforts in a timely manner, it added.p Work safety has become a hot topic in China following a series of recent workplace accidents. On June 3, a poultry plant fire in northeast China's Jilin Province left 121 people dead and 77 injured."

Read the article here.

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Related past posts:
Injured Workers Rights In The U.K.
Safety News From Around The World - Full Face Transplant
Safety News Briefs - Tell OSHA To Get A Warrant

Labels: Construction Safety, fall protection

The following is a summary of recent OSHA and state OSHA significant citations. These are citations that have proposed fines over $100,000 and that were announced during the past week.

The following are based on a press releases from OSHA and other sources. Reports from states, such as California, Oregon and Wyoming, in which the state has responsibility for workplace safety enforcement are also included.

OSHA Fines Gilman Cheese Corp. After Amputation ($126,700)
Two Contractors Cited For Trenching Hazards In NJ ($130,500)
Workers Exposed to 13,200 Volt Unguarded Power Lines ($465,410)
Orange County, NY, Manufacturer Faces Additional Fine ($117,920)

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Photo from Wikki Commons

OSHA has cited Gilman Cheese Corp. for ten safety violations with $126,700 in proposed fines. A worker had two fingers amputated by an unguarded cheese packing and labeling machine at the Gilman factory. A January inspection was prompted by a referral. OSHA found that another worker suffered a similar amputation in January 2012.

Two willful violations involve failing to develop and train workers on machine-specific lockout procedures to prevent unexpected start-up and lockout machinery during servicing and maintenance, and to provide adequate machine guarding. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

Additionally, six serious violations involved:

• inadequate guarding on a bench grinder and a portable grinder
• lack of adequate emergency eyewash stations for workers handling corrosives
• operating powered industrial vehicles without adequate training and inspections
• using a flexible cord as permanent wiring
• lack of an electrical safety program
• failing to provide training on bloodborne pathogens to those who cleaned equipment following the amputation.

Two other-than-serious violations included obstructing a means of egress and using compressed air greater than 30 pounds per square inch for cleaning.

Because of the hazards and the willful violations cited, Gilman Cheese Corp. has been placed in OSHA's Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law. Under the program, OSHA may inspect any of the employer's facilities or job sites.

The citations may be viewed at:
http://www.osha.gov/ooc/citations/Gilman_Cheese_Corp_829801_06-07-13.pdf.

The company has 15 business days from receipt of the citations to comply, request an informal conference with OSHA's area director, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

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Generic Backhoe Photo by Tomasz Sienicki

VM Construction Inc., based in Miami, and Concrete Systems Inc., based in Sterling, were cited by OSHA for willful and repeat trenching hazards found at a Kearny, NJ work site. OSHA's November 2012 investigation was prompted by an imminent danger complaint that alleged workers operated in an unprotected excavation eight feet deep.

One willful violation, carrying a $28,000 penalty, was cited against VM Construction Inc. for having workers operating in an unprotected excavation.

VM Construction was also cited for one serious violation, with a $2,400 penalty, for failing to ensure a competent person inspected the excavation prior to allowing workers to enter.

Concrete Systems Inc., a concrete and masonry contractor, faces $100,100 in penalties for two repeat violations involving workers operating in an unprotected excavation and entering an excavation that was not inspected beforehand by a competent person. Similar violations were cited in 2008.

Because of the nature of the hazards and the violations cited, Concrete Systems has been placed in OSHA's Severe Violator Enforcement Program, which mandates targeted follow-up inspections to ensure compliance with the law.

The citations can be viewed at:
http://www.osha.gov/ooc/citations/ConcreteSystems_772381_0605_13.pdf
http://www.osha.gov/ooc/citations/VMConstruction_770662_0605_13.pdf

Both companies have 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director in Parsippany, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

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Photo by Stefan

OSHA cited three contractors, with proposed penalties totaling $465,410, for alleged willful and serious workplace safety violations at a construction work site located at 14 Brooklyn Ave. in Valley Stream, NY.

Electrocution hazards resulted in the largest of the fines after inspectors from OSHA's Long Island Area Office found that workers for the three contractors performed their concrete work and crane operations close to energized 13,200-volt overhead power lines. Vordonia Contracting and Supplies Corp./Alma Realty Corp. of Long Island City was the general contractor on construction of a five-story concrete business and residential building where the violations were found. Masonry Services Inc., doing business as MSI, of Brooklyn, and North Eastern Precast LLC, of Fultonville, were the masonry and concrete subcontractors.

All three employers were issued willful citations for allowing employees and crane operations in close proximity to the power lines. They were issued serious citations for not marking the power lines with warning signs.

MSI and North Eastern Precast were issued serious citations for:

• not assuming the power lines were energized
• not checking with the utility operator whether lines had been de-energized
• not training workers on electrocution hazards
• not having cranes inspected by a qualified person after assembly
• not marking the crane's swing radius
• not having protective helmets
• not having labeled and protected rigging

All three employers were issued serious citations for not marking overhead power lines with warning signs. MSI was issued a repeat citation for unguarded rebar; they were cited in March 2010 for the same hazard at a Brooklyn work site.

In total, Vordonia was issued two willful and one serious citation, with $145,530 in fines; MSI was issued two willful, one repeat and 10 serious citations, with $181,280 in fines; and North Eastern Precast was issued two willful and 10 serious citations, with $138,600 in fines.

The citations can be viewed at:
http://www.osha.gov/ooc/citations/804265_Masonry_Services_Citations.pdf
http://www.osha.gov/ooc/citations/804281_North_Eastern_Citations.pdf
http://www.osha.gov/ooc/citations/777302_Vordonia_Citations.pdf

A willful violation is one committed with intentional, knowing, or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. A repeat citation is issued when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.

Each employer has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

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S.A. Baxter LLC, an architectural hardware manufacturer, faces a total of $117,920 in additional fines from OSHA for failing to correct hazards previously cited at the Chester manufacturing plant. The follow-up inspection began in April by OSHA's Albany Area Office.

The company did not implement a specific respiratory protection program for plant workers at its work site. Violations cited include:

• failure to provide a medical evaluation to determine worker fitness to wear a respirator
• failure to fit-test respirators before use by a worker
• failure to train workers in fire extinguisher use
• failure to mark an exit door
• having an exposed opening in an electrical cabinet

Six failure-to-abate notices were issued, carrying $101,200 in proposed fines. A failure-to-abate notice applies to a condition, hazard or practice found upon reinspection that the employer was originally cited for and has not corrected.

Three repeat citations, with $13,200 in fines, involve:

• improper storage of respirators
• lack of a hazard communication program
• no hazard communication training for working with or near hazardous chemicals

Two serious citations, with $3,520 in fines, were issued for lack of respirator training and an unlighted exit sign. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

S.A. Baxter LLC has elected to contests its citations, failure to abate notices and proposed penalties to the independent Occupational Safety and Health Review Commission. The citations can be viewed at:
http://www.osha.gov/ooc/citations/SA_Baxter_Cases.pdf 

To see an article in the Times-Herald Record - click here.

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Related Past Posts:
OSHA Significant Citations - Recycling Company Cited For LOTO Violation
Significant Citations - Massachusetts Contractor Faces Fines
Last Week's Significant OSHA Citations

Labels: Construction Safety, excavation safety, guarding, OSHA Citations

A regular news feature summarizing workplace safety related news.

We scan newspapers, magazines and the internet for safety news that isn't being reported elsewhere. The following are links to safety-related news and articles that came out during the past week. If you have any safety news tips, send them to: duralabelpro@gmail.com.

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OSHA Inspected Philadelphia Building Collapse Site, but Did Not Shut It Down

Working In These Times newsletter reports that that OSHA knew about safety problems at the site, but did not shut down the work.

The newsletter article states: "federal authorities may also have also played a role in enabling the accident. According to Pat Gillespie, the business manager for the Philadelphia Building and Construction Trades Council, union workers employed at a construction site across the street from the collapsed building called OSHA on four different occasions to report problems at the site."

OSHA responded that there is an on-going investigation and thus they could not comment.

Read the news article here.

The Philadelphia Inquirer has followed up with more details about OSHA, as well as inspectons by city inspectors. The article reports that: "Although the city began fielding citizen complaints about the Center City project as early as May 7, city inspectors reported no problems at a May 14 visit and did not follow up."

Read the Philly.com story here.

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OSHA issues FY 2014 Budget justification

Lexology, the journal of the Association of Corporate Consel, takes a look at the 1309 pages of justification of the 2014 OSHA budget and reports on what they found.  Two areas are highlighted

1. "In FY 2014, OSHA proposes to continue its aggressive enforcement posture."

2. "OSHA also seeks an increase in funding for its standard setting activities, including an increase in $2 million dollars for contract support for the agency’s rulemaking efforts to protect workers from complex and dangerous hazards."

Read the article here.

The article notes that OSHA references a 2012 study that looked at worker's compensation costs of employers who had been inspected by CalOSHA vs. who had not been inspected. The OSHA justification included a statement that: "the average employer saved $355,000 as a result of an OSHA inspection.”

The study is only available to subscribers of Science. It's authors conclude that the study has limitations in that it has some build-in assumptions and only looked at a limited number of workplaces. The author's recommend that additional studies be conducted.

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The European Agency for Safety and Health at Work Publishes Safety Guide For Green Buildings

The EU recognizes that green buildings present unique safety hazards because of what has been done to make them green.  A new safety guide for green buildings addresses the hazards resulting from re-insulating or retrofitting older buildings. Going green in this case can result in workers being exposed to a variety of respiratory hazards.

Read the article in Environmental Protection

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Related past posts:
Safety News Briefs - Union Reports OSHA's Resources Lacking

Safety News Briefs - OSHA's Severe Violator Enforecement 
Safety News Briefs - Do Employees Make Bad Decisions

Labels: Construction Safety, OSHA

The Charlotte Observer reports that: "The U.S. Department of Labor will pay former OSHA official Bob Whitmore $820,000 – one of the largest federal whistle-blower settlements ever approved – under a deal that will end his four-year fight against the government. The settlement is a major victory for Whitmore, who says he was fired because he publicly criticized his agency for allowing companies to underreport workplace injuries."

Whitmore, who was fired in 2009, was OSHA's chief for record keeping.

Mr. Whitmore alleges that OSHA improved the reporting of OSHA's effectiveness by allowing  employers to underreport workplace injuries. This was done by not citing companies that underreported injuries.

 Read this week's Charlotte Observer story here.

Read two of our past posts about Mr. Whitmore:

Do Employers Underreport Worker's Injuries? (Feb 2008)
OSHA Plans Firing of Professed Whistleblower (July 2009)

This award, the largest whistleblower award against a federal agency, is being touted as a penalty that will get the attention of Federal officials everywhere. It sends the message to federal agencies that should they retaliate against whistle-blowers, they do it at their peril.  But, do you think this is true?  A fine against a private company comes out of the owner's pockets. That delivers a message.  A fine against a federal agency comes out of taxpayer's pockets. Does that fine have any effect or change behavior?  Should someone at OSHA been fired instead of fining OSHA?  What do you think?  Use the link below to add your comments.

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The following is from an OSHA press release:

Following Settlement With OSHA, True North Hotel Group Inc. To Provide Employees With Whistle-blower Training

As part of an enterprisewide settlement agreement with the the Department of Labor, True North Hotel Group Inc., a hotel management company based in Overland Park, Kansas, will pay $22,225 in back wages and compensatory damages to a former employee who was terminated from a Massachusetts location after raising workplace safety concerns. The company will also educate all its managers and notify its employees nationwide about workers' whistle-blower rights under the Occupational Safety and Health Act as administered by the Occupational Safety and Health Administration.

An employee at True North's Devens Conference Center in Massachusetts was subjected to disciplinary action and then terminated in October 2011 after notifying superiors about safety concerns. The worker then filed a whistle-blower complaint with OSHA, which investigated and found merit to the complaint. True North has elected to settle the matter by taking corrective action.

"Employers must understand that every employee has the right to raise workplace safety and health concerns without fear of retaliation or termination," said Marthe Kent, OSHA's New England regional administrator. "When employees are fearful or reluctant to raise these issues with their employers, hazardous conditions could go undetected until employees are injured or sickened." 

"In agreeing to a companywide settlement, True North is pledging to address this issue across the board, ensuring that all its employees are aware they have a voice regarding safety and health at each workplace. They are entitled to protection against discrimination when they exercise that voice," said Michael Felsen, the department's regional Solicitor of Labor in Boston, whose office negotiated the settlement with True North.

Specifically, True North will immediately post the whistle-blower fact sheet and OSHA poster, in English and Spanish, in conspicuous locations at all of its work premises nationwide, where they can be seen and read by all employees. It will also provide annual training on whistle-blower rights and employer responsibilities to all managers and supervisors and provide training materials to all newly hired or promoted managers.

In addition to paying the back wages and compensatory damages to the former employee, True North will expunge all references to disciplinary action and termination from his personnel file and provide a written, neutral job reference, should any prospective employer seek a reference for the worker.

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Related Past Posts
OSHA Orders Union Pacific To Pay Whistleblower
OSHA Whistleblower Actions and Settlements
OSHA Orders Trucking Company To Reinstate Employee

Labels: OSHA Inspections, whistleblower

The following is a summary of recent OSHA and state OSHA significant citations. These are citations that have proposed fines over $100,000 and that were announced during the past week.

The following are based on a press releases from OSHA and other sources. Reports from states, such as California, Oregon and Wyoming, in which the state has responsibility for workplace safety enforcement are also included.

Rochester, NY, Manufacturer Cited Following Amputation ($159,000)
Timpson, Texas, Sawmill Cited After Fatality ($116,200)
OSHA Fines Ohio Explosives Factory For Health & Safety Violations ($258,000)

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OSHA has cited American Recycling and Manufacturing Co. Inc. for 18 alleged violations of workplace safety standards at its Rochester manufacturing plant. The packaging manufacturer faces a total of $159,400 in proposed fines following an inspection by OSHA's Buffalo Area Office prompted by a Dec. 3, 2012, amputation incident.

An employee who was cutting wood with a pop-up saw lost his left hand when another employee accidentally stepped on the machine's operating foot pedal that was unguarded, unexpectedly activating the saw.

Two willful citations, with $88,000 in fines, were issued for the unguarded foot pedal and for failing to secure the saw to the floor. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.
Sixteen serious citations, with $71,400 in fines, involve:

• failing to establish a hazardous energy control or lockout/tagout program
• failing to provide energy control equipment and training to workers
• lack of a hazard communication program
• failing to train employees on chemical and wood dust hazards
• having an exit door that was welded shut
• various electrical hazards
• untrained powered industrial truck operators
• failure to keep the workplace clean, orderly and sanitary
• not maintaining the floor in good repair
• inadequate guarding of moving machine parts

A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
The citations can be viewed at:
http://www.osha.gov/ooc/citations/Am_Recycling_Cits.pdf.
American Recycling and Manufacturing Co. Inc. has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

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Photo by QzQ

OSHA has cited Nix Forest Industries Inc. in Timpson, Texas, with 17 safety and health violations, including one willful, after a worker was killed in December 2012 when he was struck by a broken band saw blade and other workers were exposed to hazards at the sawmill.

The willful violation resulted from failing to use control procedures for hazardous energy when cleaning, removing debris and unjamming equipment and machinery.

Some of the 14 serious safety violations cited include:

• failing to provide easily understood lockout/tagout training for energy control
• failing to certify that energy control training was completed and current
• failing to ensure that tagout devices were affixed to clearly indicate the operation or movement of the energy isolating device
• failing to guard machines
• not ensuring that pulleys with parts less than 7 feet from the floor were guarded
• not having warning signs posted at possible low carriage areas
• band saw wheels not being completely enclosed or guarded
• not ensuring flexible cords and cables were not used as substitutes for fixed wiring

One health violation was cited for failing to administer an effective hearing conservation program for workers exposed to occupational noise.

An other-than-serious violation was cited for failing to ensure that an OSHA 300A injury and illness form was properly certified. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

The citations can be viewed at:
http://www.osha.gov/ooc/citations/NixForestIndustriesInc_771461_0603_13.pdf http://www.osha.gov/ooc/citations/NixForestIndustriesInc_798862_0603_13.pdf.

Proposed penalties total $116,200. The company, which specializes in cutting lumber to size for its customers, has 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA's Dallas area director or contest the findings before the independent Occupational Safety and Health Review Commission.

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OSHA has cited Austin Powder Co. with 51 health and safety violations carrying proposed fines of $258,000 for multiple violations of OSHA's standards for process safety management at facilities that use highly hazardous chemicals. The McArthur facility produces commercial explosives for the construction and mining industries.

The OSHA inspection was initiated December 12, 2012, under the Site Specific Targeting Plan, which targets companies that record a higher than average incident and illness rate. A secondary inspection was conducted under the national emphasis program for covered chemical facilities.

Twenty-three serious violations related to process safety management include:

• failing to correct deficiencies found in compliance audits.
• failing to have operating procedures address consequences of deviation from operating limits, including not having steps to avoid or correct deviation from such limits.
• not following generally accepted good engineering practices for inspection and testing procedures.

An additional 24 serious violations involved:

• inadequate labeling of hazardous chemical containers
• not developing energy control procedures for the maintenance and servicing of equipment
• a lack of machine guarding and fall protection
• violations of electrical safety standards

Four other-than-serious violations involved:

• failing to identify the worker who applied a lockout device
• not effectively closing unused openings in electrical cabinets and boxes
• not including the properties and hazards presented by process chemicals in written operating procedures

The facility was inspected in 2009 after an explosion that resulted in three workers hospitalized, one of whom died from injuries received. Five serious citations were issued. A 2010 follow-up inspection found no violations.

The current citations may be viewed at:
http://www.osha.gov/ooc/citations/Austin_Powder_Company_782861_0606_13.pdf http://www.osha.gov/ooc/citations/Austin_Powder_Company_783282_0606_13.pdf

Austin Powder, headquartered in Cleveland, employs 225 workers at the McArthur facility, and also operates facilities in Camden, Ark., Brownsville, Texas, and Valle Hermosa, Mexico.

More information about OSHA's standards for the management of hazards associated with processes involving highly hazardous chemicals is available at:
http://www.osha.gov/SLTC/processsafetymanagement/index.html.

The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

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Related Past Posts:
Last Week's Significant Citations - Massachusetts Contractor Faces Fines
Last Week's Significant OSHA Citations
OSHA Significant Citations - Trenching Hazards Result In Citations

Labels: electrical safety, guarding, hazard communication, LOTO